Khaleej Times, Wed, May 08, 2024 | Shawwal 29, 1445
UAE: How can non-Muslim expats draw up a will in Dubai?
Emirates:
Question: I
am a non-Muslim expat living in Dubai. I have some assets in the country and
wish to draw up a will. How do I go about this? What do I do after to make sure
it holds in my home country too?
Answer: Pursuant to your queries, as a non-Muslim resident of Dubai,
you have multiple options to create and register a will for your assets in the
UAE.
In this context, we may refer to the provisions of the following laws: (i)
Federal Decree Law No. 41 of 2022 on Civil Personal Status, (ii) Law No. 15 of
2017 Concerning Administration of Estates and Implementation of Wills of
non-Muslims in the Emirate of Dubai and (iii) the DIFC Wills and Probate
Registry Rules.
In the UAE, a non-Muslim may apply the provisions of the UAE Personal Status Law
for non-Muslims his or her personal matters. This is in accordance with Article
1(1) of the UAE Personal Status Law for non-Muslims, which states:
“The provisions of this Decree Law shall apply to non-Muslims who are national
citizens of the United Arab Emirates, and to non-Muslim foreigners residing in
the state, unless any of them adheres to the application of the law of their
home country, with regards to the articles of marriage, divorce, inheritance,
wills, and proof of parentage, without prejudice to the provisions of Articles
(12), (13), (15), (16), and (17) of Federal Law No. 5 of 1985 referred to
above.”
Based on the mentioned provisions of the UAE Personal Status Law for
non-Muslims, a non-Muslim may also register a will as per his/her choice, This
is in accordance with Article 11(1) of the UAE Personal Status Law for
non-Muslims, which states:
“A legator may leave a Will with all his assets in the State to anyone of
his/her choice according to the controls set out by the Implementing Regulations
of this Decree Law."
In addition, the registration of wills of non-Muslim individuals in Dubai should
follow the provisions of Dubai Law No. 15 of 2017, referring to the provisions
of Article 3 and Article 6(a).
Article 3 of Dubai Law No. 15 of 2017 states:
“This Law will apply to all Wills and Estates of non-Muslims in the Emirate,
including in the Dubai International Financial Centre.”
Meanwhile, Article 6(a) of Dubai Law No. 15 of 2017 states:
“A register known as the "Register of Wills of non-Muslims" will be created at
the Dubai Courts and the DIFC Courts for the purpose of registering Wills of
non-Muslims.”
Following the above provisions of the Dubai Law No 15 of 2017, a non-Muslim
resident in Dubai, may register his or her will at the Dubai Courts or the DIFC
Courts Wills Service Centre of the Dubai International Financial Centre (DIFC).
A will to be registered in Dubai Courts or DIFC must include the details of the
executor(s) and/or beneficiaries of the testator’s properties and assets
including but not limited to all of the testator’s movable and immovable
properties, tangible and intangible properties. This also includes but not
limited to real estate properties, shares in businesses and legal entities, bank
accounts and the money kept in the bank accounts, credentials or passwords for
his or her bank accounts, and other matters, jewellery, (the ‘Estate’) based in
the UAE or outside the UAE.
With respect to the registration of wills at the DIFC Wills Service Centre,
Article 9(1) of DIFC WPR Rules sets out the requirements for the registration of
non-Muslim wills. The provisions read as follows:
"1 These Rules shall apply only to wills:
a. of non-Muslim individuals over the Age of Majority;
b. 1) that are in a form as set out in Schedule 1, in the English language, in
writing;
2)witnessed by at least two witnesses of the age of majority, such persons being
either physically or virtually present in front of the Registrar or an
Authorised Officer at the time of witnessing;
c. signed (in person) by the Testator;
d. that appoint Executors over the Age of Majority;
e. that appoint a Guardian, if at all, for a Minor who is habitually a resident
with the Testator, in Dubai or Ras Al Khaimah;
f. that are deposited and (at the time of death remain) registered with the
Registry; and
g. that state that the Testator intends Administration and succession to the
Property dealt with by the Will to be governed by these Rules and the laws of
the DIFC.”
At the DIFC Wills Service Centre, a testator may include all his estate within
and outside the UAE. This is in accordance with Article 11 of the DIFC WPR
Rules, which states"
A non-Muslim expat in the UAE may also register his/her will at the consulate or
embassy of his or her own country, if such service is available.
Therefore, based on the aforementioned provisions of law, you may draw up and
register your will for your Estate in the UAE before the Notary Public at the
Dubai Courts, or at the DIFC Wills Service Centre. You may also register your
will at the embassy or consulate of your home country, if the service is
available.
Generally, a will registered in Dubai via the procedures mentioned above would
be valid and binding outside the UAE. However, it may be noted that the validity
and enforceability of such wills may also be subject to the laws of the other
countries concerned.
It is also advised to avail independent legal advice from a legal counsel of
your home country, to ensure that you're aware of the applicability of a will
registered in the UAE for your estate here, as well as your home country.
This will also help you if there's any additional procedures which may be
carried out to make sure that your will registered in the UAE will be valid in
your home country.